Subedar Nath Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25524 of 2019 Arising Out of PS. Case No.-53 Year-2019 Thana- JAGDISHPUR District- Bhojpur ====================================================== Subedar Nath Singh, Son of Late Dwarika Singh, resident of Village - Kitapur, P.S.- Jagdishpur, Distt.- Bhojpur (Ara). ... ... Petitioner.

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sumeet Kumar Singh, Advocate.

For the Opposite Party/s :

Mr. Bal Mukund Prasad Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 24-04-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Section 323, 307, 504 and 506 of the Indian Penal Code.

Petitioner and one another co-accused, namely, Ram Dular Singh are said to have abused and assaulted the son and wife of the informant intruding into his house and also resorted firing which hit the she-cow of his neighbour. The accused persons are not honoring the partition of the property made between them through the Court.

Learned counsel for the petitioner submitted that no such occurrence as alleged ever took place. The petitioner is

Patna High Court CR. MISC. No.25524 of 2019(2) dt.24-04-2019 2/2 quite innocent and has been falsely implicated in this case. The wife and son of informant have not sustained any sort of injury rather the she-cow of the neighbour is said to have sustained the bullet injury resorted by the petitioner but the aforesaid allegation levelled against the petitioner is not specific rather general and omnibus in nature and the assailant of the said injury is also not ascertained. The doctor has not found any bullet embedded in the leg of the she-cow. Petitioner has no criminal antecedent.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-11, Bhojpur at Ara in connection with Jagdishpur P.S. Case No. 53 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Prakash Chandra Jaiswal, J.) Trivedi/- U T